State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1113: zoning violations; notice; service

PRIME SPONSOR: Senator Fann, LD 1

BILL STATUS: Local & International Affairs

 

Legend: BOS- Board of Supervisors Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to notice of zoning violations.

Provisions

1.       Permits authorized persons, in addition to the county zoning inspector, to serve personal notice of a hearing for zoning violations. (Sec. 1)

2.       Permits the county zoning inspector to use alternative methods to provide notice of a hearing for zoning violations, if personal service would be impracticable. (Sec. 1)

o   Currently, the zoning inspector may only use alternative methods of service if they are unable to serve the notice personally (A.R.S § 11-815).

3.       Defines impracticable. (Sec. 1)

4.       Makes technical changes. (Sec. 1)

Current Law

The BOS may adopt a zoning ordinance in order to conserve or promote public health, safety, convenience and general welfare (A.R.S § 11-811).

A county zoning ordinance must provide enforcement of a zoned territory by withholding building permits. The BOS may appoint a zoning inspector in order to enforce the established rules of the of the zoned territory. After the position of zoning inspector is filled, it is unlawful to erect, construct, reconstruct, alter or use any building or other structure within a zoning district covered by the ordinance without receiving a permit from the zoning inspector. A county may impose civil penalties that do not exceed the maximum fine for a Class 2 Misdemeanor ($750 plus surcharges) for violations of the zoning ordinance. If a county establishes a civil penalty, it may appoint hearing officers to establish a hearing to determine the violations. The zoning inspector must serve a notice of hearing for zoning violations to the alleged violator five days prior to the hearing. If the zoning inspector is unable to serve the notice, the notice may be served in the same manner as alternative methods of service by the Arizona Rules of Procedure (A.R.S § 11-815).


Additional Information

The Arizona Rules of Procedure permit notice of service to be mailed to the last known business or residence address of the person if personal service proves impracticable.

 

 

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Fifty-third Legislature                  SB 1113

Second Regular Session                               Version 1: Local & International Affairs

 

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